BAKUAGE - Affiliate Program Terms of Service

Affiliate Program Terms of Service

English reference translation ofAffiliate Program Terms of Service in Japanese(Contract is concluded only in Japanese)

These Terms of Service ("Terms") define the terms of use of the affiliate program (the Program) provided by Bakuage Co., Ltd. ("We") on this website. For registered users ("Users"), use this service in accordance with these terms.

Article 1 (Application)

These terms shall apply to all relationships related to the use of the Program between the user and us. For items not stipulated in this agreement regarding this program, the Bakuage terms of use apply.

Article 2 (Definition)

In this Agreement, the following terms shall have the meanings set forth below.

(1)"The Program" refers to the affiliate program provided by us.
(2)"The Service" means the service that we provide on this website. This service includes Bakuage (https://bakuage.com, https://bakuage.com/en/), AI Mastering (https://aimastering.com).
(3)"User" means a person who has registered as a member based on the Bakuage terms of use.
(4)"Partner" means a person who participates in the Program as an affiliate partner.
(5)"This Agreement" means the contractual relationship between the partner and us arising under this terms of use.
(6)"Affiliate media" means websites that the partners manage, e-mail messages, applications, and other media designated by us as subject to this program.
(7)"Link, etc." means a dedicated banner advertisement linked to various pages of this service, a dedicated URL, an application, and other guidance ways designated by us as subject to this program.
(8)"Content for link creation" means HTML code for banner created by us, information provided through API, and other content designated by us.
(9)"Media user" is a viewer of affiliate media.

Article 3 (Registration)

Registration applicant shall apply for registration for use by the method specified by our, and we approve this, and registration will be completed. We will not approve the application for registration if we decide that the applicant for registration has the following reasons and we do not under any obligation to disclose the reason.

(1) When notifying of false matters at the time of application for use registration.
(2) In the case of an application from a person who has violated this agreement.
(3) In addition, when we judge that usage registration is not appropriate.

Article 4 (Partner Registration)

(1) The use of this program is limited to those who registered for this program.
(2) When a user want to participate in this program as a partner, registration information specified by us shall be registered in the registration form prescribed by us. In addition, we shall be able to change the items to be registered as registration information (hereinafter referred to as "registration matter") at its discretion. if new registration items are added, the partner will register the items within the period by the method prescribed by us.
(3) If there is a change in the registration information set forth in the preceding paragraph, the partner must promptly make change registration.
(4) We shall deal with the information of the partner registered in the preceding two paragraphs and the information on the partner who knew about the use of the program by the partner according to the "privacy policy", and the partner agrees with this.
(5) The partner shall comply with this within the time period specified by us if we are asked to confirm registration information and submit a document for certification from our company.

Article 5 (Affiliate Program)

(1) In this program, the partner establishes a link etc. in the affiliate media, the media user accesses this service through the link etc. (hereinafter such access is referred to as "affiliate access"). Depending on the sales generated, the number of sales, the number of entries, the number of reservations accepted, the number of membership applications, the number of application requests received, and other results (hereinafter referred to as "granted target results") of us, we will pay payment of rewards (hereinafter referred to as "affiliate rewards").
(2) The affiliate rewards set forth in the preceding paragraph shall be paid in a manner prescribed us. In addition, we can change the method of payment of the rewards based on its discretion.

Article 6 (Publishment of link etc.)

(1) The partner can establish a link, etc. on affiliate media by the method prescribed by us. However, the partner shall comply with the restrictions or conditions attached to the installation of links etc.
(2) Partners shall use the link creation contents created by us in establishing links, etc.
(3) The partner cannot use the link creation content for purposes other than establishing links etc. for using this program based on this contract.
(4) If we determine that affiliate media with links, etc. are not appropriate based on the content etc., we can refuse the link from all or part of the affiliate media managed by the partner. In addition, when there is a notice from us that deletion or change is desired for the link etc. established by the partner, the partner must immediately delete or change the link etc.

Article 7 (Publishment of link etc. and affiliate media)

1. Links created by partners, etc. and Affiliate Media shall not contain any of the following contents.

(1) Content that is contrary to or may be contrary to these Terms, Bakuage Terms of Use and other rules, laws, guidelines, etc.
(2) Contents related to criminal acts, discriminatory expressions, contents contrary to public order and morals.
(3) Contents that are uncomfortable for the general public such as adult content, filthy or grotesque content, contents not suitable for viewing by an unspecified large number of media users including young people.
(4) Unjustifiable indications in violation of voluntary standards relating to advertisements prescribed by the Japan Direct Marketing Association(https://www.jadma.org/).
(5) Contents that may cause misunderstandings to media users.
(6) Contents to request or petition clicks from media users, such as "click on for site management".
(7) Contents as if we substitute or guarantees the media partners.
(8) Content contrary to the advertisement insertion criteria specified separately us.

2. We may ask the partners to change the contents and display if the link created by the partner etc. or the Affiliate Media is judged that it is against the preceding paragraph. And, the partner shall follow it.

Article 8 (Prohibited matter)

The partner should not do the following actions.

(1) Acts that violate laws or public order and morals
(2) Acts related to criminal acts and illegal activities, or those encouraging acts
(3) Acts of destroying or obstructing the function of our server or network
(4) Acts that may interfere with the operation of our services
(5) Acts of collecting or accumulating personal information etc. on other users and partners
(6) Impersonating other users or partners
(7) Acts of providing profit directly or indirectly to antisocial forces in connection with our services
(8) Any act that impairs the rights, interests, privacy, honor, etc. of our company, media users, general consumers or other third parties, other acts that give disadvantage or acts that may be feared
(9) Act of asking the establishment of a link etc to a website, mailing list, mail news magazine etc. managed by another person
(10) An act of accessing this service via a link established by himself and causing an outcome (hereinafter referred to as "reward occurrence act")
(11) An act of modifying (including linking to other than the link destination designated by us) other than the portion of the link creation content that we have made available for editing, or an act of making a third party alter it.
(12) Promotional acts that cause our company or third parties to feel annoying or uncomfortable, such as bulletin board sites, video posting sites, writing / posting to Q & A sites, distribution of advertisement mails to parties who have not received prior consent
(13) Acts of causing affiliate access without the proper click of links on affiliate media by media users.
(14) Acts that acquire affiliate rewards by acts that can not be rationally evaluated as contributing to the granted target results.
(15) Acts of providing services that may compete with or compete with us using this program.
(16) Acts that hamper the operation and maintenance of this program and other business of us.
(17) Acts of registering false contents in registration matters, or acts that do not correct or correct to genuine information.
(18) Acts of operating by those who are restricted acting capacity such as minors. However, excluding cases where you are 18 years of age or older and you have obtained consent from a legal representative.
(19) illegal business such as pyramid scheme and similar activities.
(20) Acts of infringement of the honor of others, slandering certain individuals or organizations (including cases of infringing or slandering our company's honor).
(21) Infringement of intellectual property rights such as copyrights, moral rights such as portrait rights, other moral rights or rights worthy of protection, or acts in violation of related laws and regulations.
(22) Acts that describe expressions that violate laws and regulations such as the Pharmaceutical Affairs Law and Act against Unjustifiable Premiums and Misleading Representations.
(23) An act of neglecting the condition of which the content of the affiliate media is unknown or scarce, the appearance is abnormal.
(24) Acts that violate matters of rewards occurrence condition.
(25) Acts of giving profits to media users, with cash received from a third party, electronic money, points, mileage etc. (hereinafter referred to as "cash etc.") as resources and Except.
(26) The act of making it impossible to display the main contents of affiliate media unless you log in.
(27) An act of leaving a state in which affiliate media are not properly displayed on major browsers, smartphones / tablet type terminals or mobile terminal models.
(28) Any act that misleads the media user or other third party as if there is no serious relationship, interest, or financial award between the partner and us, an act that could give such misunderstanding, and stealth marketing acts.
(29) Other acts that we deem inappropriate

Article 9 (Partner's obligation)

(1) The partner shall be obligated to monitor so that clicks such as arbitrary link etc. do not occur in affiliate media.
(2) The partner periodically checks whether the link etc. is correctly linked to the link destination specified and if it finds a broken link or a link destination error, immediately updates or deletes the link etc. We shall do it.
(3) The partner agrees without objection that we will use the prescribed network patrol system, etc. to monitor fraudulent activity etc by affiliate media.

Article 10 (Payment of affiliate rewards)

(1) Compensation paid by us to partners shall be limited to the rewards we presented in terms of rewards occurrence conditions.
(2) Rewards are calculated at the end of each month. The total amount of rewards from all affiliate media managed by the partner are paid by the end of the month after next month (Saturdays, Sundays, and holidays or in case of a financial institution closed day, the next working day). We will pay to a Japanese financial institution account or PayPal account designated by our partner. However, if the total amount of rewards for all affiliate media does not reach 5,000 JPY, the payment will be carried forward to the following month and thereafter, and the same shall be done thereafter. Tax treatment of rewards shall comply with laws such as tax laws.
(3) We may refuse accounts designated by the partner for payment at our discretion and we are not obliged to disclose the reasons.
(4) In cases where payment of remuneration can not be made due to incomplete or false notification of matters relating to remuneration receipt accounts, we shall notify the partner concerning such matters. The incomplete notification items shall be processed by the partner on the management screen at your own risk. If the notice does not arrive due to incompleteness in the notified matter or the reply to the notice does not reach us from the partner, no rewards will be paid.
(5) When the rewards paid by us is not received by the partner, the partner will bear all fees (including consumption tax) necessary for cancellation of payment and re-procedure.
(6) If we pay compensation to a person other than the partner and collection of rewards becomes difficult because we have incomplete or false notification items on the account for receiving rewards, no rewards will be paid.
(7) We use cookie and other technologies (hereinafter referred to as "identification technology") according to the type of terminal for identifying who have purchased through affiliate access. Only the results that are identified by identification technology and that are approved by us are subject to payment of affiliate rewards.
(8) We shall be able to change the approval condition, identification technology, and rewards occurrence condition from time to time at its discretion without prior notice to the partner, and the partner acknowledges this.
(9) In cases where the partner has entered into a contract with us in addition to a contract under this agreement and the performance of the obligation to us under the agreement is delayed even once, regardless of before or after the arrival of the term, it is possible to offset all the monetary obligations we will incur for the partner and the monetary obligation to be borne by the partner to us based on the contract. And, the partner will accept this.
(10) In the event that the partner has canceled the registration, regardless of the reason, the remuneration which has not been paid and the remuneration which occurred after cancellation of the registration will not be paid to the partner and the partner shall acknowledge it.
(11) In the event that the registration is canceled due to the violation of these Terms by the Partner, the remuneration which has not been paid and the remuneration which occurred after the cancellation of registration will not be paid to the partner, and the partner shall acknowledge it .
(12) In the event of termination of this program, regardless of the reason for the termination of service, the remuneration that has not been paid will not be paid to the partner, and the partner shall acknowledge it.

Article 11 (No License of Rights)

We do not grant partners any rights other than those expressly stipulated in this Agreement. Partners shall not interpret this Agreement that the rights other than those licensed under the terms of this Agreement are granted.

Article 12 (Tax and expense)

Partners will be responsible for taxes and incidental expenses incurred due to the establishment, operation and management of affiliate media and links, or payment of affiliate rewards.

Article 13 (Confidentiality)

During the term of this Agreement or at the end of the contract, the Partner shall not disclose this Agreement and the information he learned in relation to this Agreement to others. The information includes the IP address of the media user, other information leading to the identification of the media user, the information disclosed by us for the purpose of establishing the link or payment of the affiliate rewards, and the other information.

Article 14 (Notice etc.)

(1) In principle, we will notify you of notices concerning this program by the methods we specify. The methods include sending an e-mail to the e-mail address registered by the partner (hereinafter referred to as "Registration Address") or showing information on the website (Hereinafter referred to as "Notification Site"). In addition, the content of the e-mail may include information of other companies.
(2) The partner periodically checks the e-mail addressed to the registration address and the site for notification and reads the contents of the e-mail and the site for notice, and in the case that correspondence is required, promptly follow the instructions of us and take appropriate measures Including involving replying immediately if a reply is required). In addition, if we do not reply from the partner within the period designated by us despite the request from us to reply to the partner, we shall be able to take the measures stipulated in each section of the following Article.

Article 15 (Violation of these Terms)

1. In cases where we deem that the partner is in violation of these Terms and Conditions etc., we can take measures of each of the following items without prior notice or demand, and the partner will dispute this I can not state it. The reason for judging that it is in violation and the reason for judging that taking measures will not be disclosed to partners in principle.

(1) Rejection of links from links etc. established by partners
(2) Loss of partner's qualification or suspension
(3) Stopping payment of affliate rewards
(4) Canceling the provision of all or part of this program

2. In addition to the measures of each item of the preceding paragraph, we can obtain the refund of the rewards, including the amount obtained in the past, for the partner that we recognize that it violates these terms, etc. In this case, The partner shall pay the full amount in a manner instructed immediately by us.

3. We will not bear any responsibility even if damage or disadvantage arises to the partner due to taking measures in the preceding two paragraphs.

Article 16 (Compensation for Damages)

(1) When complaints, disputes, etc. arise between media users and other third parties regarding the use of this program by the partner, partners shall resolve them at all partners' responsibilities and burdens.
(2) If we get damages due to the use of this program by the partner, the partner is obliged to compensate for damages and the attorneys' fee and all other expenses (including consumption tax)) to us.
(3) We will provide information and other assistance concerning the dispute concerning the dispute between the partner and the media user or other third parties without obtaining the consent of the partner.

Article 17 (Press release)

Partners shall not publish press releases on functions, services, etc. realized through the use of the Program, unless we have prior written consent from our company.

Article 18 (Change of Specification)

We may change the specification of this program in whole or in part at any time. In addition, we are not responsible for any damage caused to partners in connection with the change in specifications.

Article 19 (Termination, etc. of this Agreement)

(1) In the case that the partner has lost the partner qualification due to withdrawal or cancellation of partner qualification, this contract will be terminated upon loss of partner qualification.
(2) We may suspend or terminate the provision of this program at any time for any partner or specific partner, regardless of reason. In addition, we are not responsible for any damage caused to our partner concerning such interruption or termination.
(3) In the case of termination of this Agreement, the Partner shall immediately delete Links etc. from Affiliate Media.

Article 20 (Disclaimer)

(1) We assume no responsibility for interruption/ retardation/discontinuation of the system due to the failure of the communication line, computer, etc., failure of data, failure related to the identification of affiliate access, damage caused by unauthorized access to data, and damage caused to users or partners regarding this program.
(2) We do not undertake any guarantee regarding the acquisition of the partner 's compensation based on the use of this program.
(3) We do not guarantee that this program is perfect such as that the program does not contain viruses or other harmful contents, security is effective, etc., although we will do the best effort.

Article 21 (Revision of this agreement)

We may revise these terms arbitrarily. In the event of any amendment of this Agreement, it will take effect when posted on the site specified by us. In this case, the partner will comply with the revised terms.